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Right of Excussion.... Please Answer :)

Can a guarantor insist on his right to excussion if the property of the principal debtor is 1. a piece of land which has been mortgaged to a bank?2. A property ownership which is still under litigation?3. Condominium unit outside Philippines?

1. the guarantor MAY exercise his right of excussion over a mortgaged piece of land. This is not advisable however because if the mortgaged property's ownership is taken by the guarantor, then the guarantor will also take charge of the responsibility of paying for the mortgage.

Remember: a contract of mortgage does not pass ownership over the property. It only passes ownership once it is sold in public auction in foreclosure proceedings.

2. Most likely no. A piece of land under litigation is likely levied upon by the court, and the court will NOT allow such property to be alienated in the course of the proceedings.

3. If i remember correctly, the right of excussion may be exercised over property in foreign jurisdictions. Of course, this is not an automatic process. You have to get an order by a local court assigning to you the ownership of the condominium abroad. You then have to present this order to a foreign court having jurisdiction in the place where the property (condo) is located, and have them validate and honor the order of the local court.